Owner Sues, Says Oviedo Erred In Annexation

SANFORD — The new owners of nearly 35 acres of land in Oviedo have filed a lawsuit against the city for annexing the property without their permission.

Winter Park attorney Thomas R. Peppler filed the suit last week in Seminole County Circuit Court on behalf of the owners of Southeastern Homes Co. Peppler is asking that a judge rule that the city's ordinance annexing the property on Oct. 6 is invalid.

The property, 700 feet south of Red Bug Road on the west side of Alafaya Trial, consists of 34.5 acres and was purchased by Southeastern Homes Co. on Sept. 15.

The former owner, Barry M. Liff of Miami, had requested in February that the city annex the property and on Aug. 18 the annexation ordinance was read for the first time during a public hearing.

The city subsequently advertised its intentions to annex in a local newspaper on Sept. 4, 11, 18 and 25.

On Sept. 15, Oviedo city planner Randy Cohen was notified by Southeastern's president Larry Godwin that the property had changed hands and that Godwin didn't want it annexed, the suit said. Cohen told Godwin that he must send a letter to the city advising of the change in ownership and of Godwin's wish not to annex, according to the suit. Godwin sent the letter Sept. 18.

Believing the city wouldn't continue with the annexation, Godwin followed Seminole County development regulations and procedures for planning and development of the property, including payment of $505,000 in impact fees to the county for water and sewer services, the suit said.

Peppler said in the suit that Oviedo cannot provide similar utility services to the property, which is being prepared for commercial development. The case has been assigned to Circuit Court Judge Dominick Salfi, but no hearing date has been scheduled.